Petition dismissed due to failure to exhaust administrative remedies
Matter of Ethan Mirenberg v Lynbrook Union Free School District Board of Education
In this Article 78 case, petitioner appealed to the Supreme Court to review a determination of the Lynbrook Union Free School District Board of Education which affirmed a determination of the Lynbrook School Superintendent accepting the recommendation of a hearing officer finding petitioner guilty of disciplinary charges. Petitioner filed an appeal with the Supreme Court which was denied on the ground that he failed to exhaust his administrative remedies prior to pursing action in the Supreme Court.
The petitioner did appeal the Board of Education’s decision to the Commissioner of the New York State Education Department but that appeal was not yet resolved when he filed his appeal in Supreme Court and thus he failed to exhaust an available administrative remedy. Additionally petitioner failed to establish that there was an applicable exception to the administrative remedies doctrine.
Accordingly, the Supreme Court dismissed the proceeding without prejudice and affirmed the judgment denying the petition.
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